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Archive for the ‘Digital Millennium Copyright Act’ Category

By Kassity Liu Amazon Files Lawsuit to Protect Consumer Privacy On April 19, 2010, online retailer Amazon.com filed a lawsuit against the North Carolina Department of Revenue (DOR), asking a federal judge to preempt the DOR’s request for detailed information on consumers’ purchases from the company’s website. CNET and Ars Technica reported that Amazon is pushing back because it believes the DOR’s request violates consumers’ rights under the First Amendment and the Video Privacy Protection Act. In its complaint, Amazon ... Read More...
Posted On Apr - 25 - 2010 Comments Off READ FULL POST
By Tyler Lacey RealNetworks Won’t Appeal Decision Declaring Its DVD Copying Software in Violation of DMCA On March 4, Wired reported that RealNetworks plans to cease litigation of a lawsuit filed by the Motion Picture Association of America (“MPAA”) alleging that its DVD copying software, RealDVD, violates the Digital Millennium Copyright Act (“DMCA”).  RealNetworks had initially planned to appeal a California district court’s decision that the software illegally circumvented the DVD encryption technology, Content Scramble System. However, after two years ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
Court Excludes Litigation Fees from Calculation of Damages under DMCA § 512(f). By Debbie Rosenbaum – Edited by Gary Pong Lenz v. Universal Music Corp., Case No. 5:07-cv-03783-JF (N.D. Cal., Feb. 25, 2010) Slip Opinion (Hosted by the Citizen Media Law Project) On February 25, 2010, Judge Fogel for the Northern District of California held that a plaintiff suing over a wrongful Digital Millennium Copyright Act (“DMCA”) takedown notice can only recover for damages that were proximately caused by said ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
Facebook, Inc. v. Power Ventures, Inc. By Gary Pong – Edited by Eric Engle Facebook, Inc. v. Power Ventures, Inc., Case No. 08-cv-05780-JF (N.D. Cal. Oct. 22, 2009) Order (Hosted by SPAM NOTES) The United States District Court for the Northern District of California has granted a motion by Facebook to dismiss counter-claims and strike affirmative defenses in its ongoing case against Power Ventures (Power.com). In his order, United States District Judge Jeremy Fogel wrote that Power.com’s answer and counter-claim ... Read More...
Posted On Oct - 24 - 2009 Comments Off READ FULL POST
By Andrew Jacobs ISPs Found Liable for Websites’ Trademark and Copyright Infringement Computerworld and Ars Technica report that on August 28, a federal jury handed down a $32.4 million judgment against two ISPs that hosted websites selling counterfeit Louis Vuitton products. Louis Vuitton successfully argued on a theory of contributory infringement, overcoming the ISPs’ claims of immunity under the Digital Millennium Copyright Act’s “safe harbor” provisions. Evidence that the ISPs had received and failed to respond to notices of the ... Read More...
Posted On Sep - 13 - 2009 Comments Off READ FULL POST
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In Response to Rulin

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...